Worthless Checks

As your District Attorney, I'm always concerned about the negative impact of bad checks passed to local businesses. Millions of dollars are lost every year by merchants as a result of this ongoing problem. Bad checks affect everyone in terms of higher consumer costs that must be passed on to offset losses, and increased taxes to cover the additional costs for law enforcement and prosecution.

In an effort to combat this problem, I have organized the Bad Check Restitution Program to assist local merchants with bad check losses. The primary goal of the program is to create a self-supporting program that obtains restitution for the victim while deterring repeat offenders.

First time bad check offenders are given the opportunity to avoid criminal prosecution by attending a mandatory intervention class, in addition to paying restitution. All of this is accomplished without any cost to the taxpayers.

Your interest and participation in this special program will benefit all law-abiding citizens and help your business improve its bottom line!


Cutting Your Losses is As Easy As 1-2-3

  • 1. Make personal contact with the check writer. If you are unsuccessful, send a courtesy notice. The check writer has 10 days to respond and remit payment.

  • 2. If you do not hear from the check writer or receive payment, contact the Bad Check Restitution Program at 1-888-524-5180 for a crime report.

  • Fill out the crime report, keep copies and attach originals of all checks and notification documents, such as return receipts and bank notices, and mail to :

9th Judicial District Attorney Bad Check Restitution Program/ P.O. Box 1187/ Clovis, NM 88102-1187 (postal address only)

If you do not receive restitution with in 60 days contact the 9th Judicial District Attorney Bad Check Restitution Program.


The Bad Check Restitution Program works because...

  • Bad check reports are easy to file, and follow-up action is prompt.

  • Upon recovery, 100%of the face value of the check is returned to the merchant.

  • here is no minimum dollar restriction on a bad check

  • Offenders must complete an educational class at their expense.

  • The program operates at no cost to the county or taxpayers.


A check is ELIGIBLE for this program if:

  • The check was received in the 9th Judicial District, deposited in a bank in exchange for goods or services 

      and was presumed "good" at the time of acceptance.

  • A "Courtesy Notice" was sent to check writer allowing 10 days to make check good.

  • The check is submitted to the program within 90 days from the date of the check.

  • A photo I.D. (drivers license, state identification card) was recorded at the time of transaction.


A check is INELIGIBLE if:

  • It is post-date

  • Both parties knew there were insufficient funds at the time of transaction.

  • It is a two-party, government, stop payment check

  • The identity of the check writer is unknown

  • There is no amount, date, or signature on the check

  • The numeric and written amounts on check do not match

  • The check involves an "extension of credit" or was payment on an account

  • The check has not been processed by a bank

  • Checks ineligible for the 9th Judicial District Attorney Bad Check Restitution Program may be pursued via Small Claims Court process or by a private collection agency.


Check Acceptance Tips:

  • Institute a check acceptance policy. A clearly posted policy for your employees and customers can reduce 

      your losses.

  • Accept checks written only with today's date. Post-dated checks are civil matters and are not accepted in the                                    

      9th Judicial District Attorney Bad Check Restitution Program.

  • Trust your instincts! If something doesn't seem right, ask questions or ask for another form of payment. You 

     are not obligated to accept a check



Email:      9thda@da.state.nm.us
 417 Gidding, Suite 200

              Clovis, NM 88101
Phone:    575-769-2246

Fax:        575-769-3198


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Email:      9thda@da.state.nm.us
 205 South Main St.

              Portales, NM 88130
Phone:    575-356-4434

Fax:        575-356-3083